Ex Parte Cooper

Board of Patent Appeals and Interferences

Jul 15, 2005

10245540 (B.P.A.I. Jul. 15, 2005)

Filed September 17, 2002. 1
Based on Application 09/502,354, filed February 11, 2000.2
THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 33
Mail Stop INTERFERENCE Entered July 15, 2005
Board of Patent Appeals and Interferences
United States Patent and Trademark Office
P.O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 571-272-9797 Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
GARY L. COOPER
Junior Party
(Application 10/245,540)1
v.
MATHEW A. McPHERSON
Senior Party
(Patent 6,321,736)2
_______________
Patent Interference No. 105,284
_______________
Before LEE, SPIEGEL and MOORE, Administrative Patent Judge.
LEE, Administrative Patent Judge.
Judgment – Bd. Rule 127(b)
The parties have jointly filed a paper titled “JOINT MOTION REQUESTING
TERMINATION” (Paper No. 32). In that paper, McPherson represents that it will no longer file
a motion to add Cooper’s claims 2-9 to the interference, which is understood to mean that it will
Interference No. 105,284
Cooper v. McPherson
-2-
not file a motion to designate Cooper’s claims 2-9 as corresponding to the count. Cooper states
that it abandons the contest, which is construed as a request for entry of adverse judgment.
The joint motion incorporating Cooper’s request for entry of adverse judgment is
granted. It is
ORDERED that judgment as to the subject matter of Count 1 is herein entered against
junior party GARY L. COOPER;
FURTHER ORDERED that junior party GARY L. COOPER is not entitled to its
application claims 1 and 10 which correspond to Count 1;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205; and
FURTHER ORDERED that a copy of this judgment be placed in the respective
involved application or patent of the parties.
/ss/ Jameson Lee
JAMESON LEE )
Administrative Patent Judge )
)
)
)
/ss/ Carol A. Spiegel ) BOARD OF PATENT
CAROL A. SPIEGEL ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
/ss/ James T. Moore )
JAMES T. MOORE )
Administrative Patent Judge )
Interference No. 105,284
Cooper v. McPherson
-3-
By Facsimile:
Attorney for Junior Party Cooper:
314-238-2401 (Fax)
Philip B. Polster, Esq.
POLSTER, LIEDER, WOODRUFF & LUCCHESI
12412 Powerscourt Drive
Suite 200
St. Louis, MO 63131-3615
Attorney for Senior Party McPherson:
952-563-3001 (Fax)
Walter Steinkraus, Esq.
VIDAS, ARRETT & STEINKRAUS, P.A.
6109 Blue Circle Drive
Suite 2000
Minnetonka, MN 55343-9185